REQUIREMENTS FOR FIRE SERVICE DRIVERS, CHAUFFERS, ENGINEERS

In today’s fire service many apparatus operators are, in fact, amateur

truck drivers operating large, heavy vehicles under emergency

conditions. Given such circumstances, it’s obvious that these drivers

will have a much greater accident potential or liability exposure than

that experienced by regular commercial truck drivers.

Accidents will happen and, in today’s atmosphere of knee-jerk

litigation, every fire company or department would be well-advised to

take steps now to increase the safety of their emergency driving

operations and to improve their stance in any future liability action.

To this end, it is suggested that some of the practices found in the

trucking industry be adopted. (Each suggestion will be preceded by

a question that might be asked by a litigant’s attorney in court.)

(Chief, what kind of a driving record does your driver have? Did you

check on it before letting him drive your fire equipment?)

FIRST: An abstract of the driving record of every driver or driver-trainee should be obtained from your state motor vehicle agency annually.

(Tell the court Chief, do you know if your driver has any medical

conditions that might impair his ability to safety operate a large

SECOND: All drivers or prospective drivers must pass a medical

examination as specified by the USDOT before being permitted to

drive apparatus and every two years thereafter. The medical service

performing this examination should be chosen by the company or

department and should also have the capability of performing the

screening specified in the third suggestion below. The department or

company should be prepared to fund these examinations as some

health insurance providers will not do so.

(Chief, after the accident, the police sent your driver to be screened

for drugs or alcohol and he tested positive. Did you know he was a

substance abuser? Was he tested before being allowed to drive?)

THIRD: All drivers or trainees will be required to undergo routine

screening for drugs or alcohol at the time of their bi-annual physical.

Such screening will be done in compliance with USDOT guidelines

for test procedures, notification, privacy, re-testing, etc. The Federal

mandate for random screening between physicals is not included in

this recommendation.

NOTE: Based on this writer’s dozen year’s experience as a union

shop steward, it is a statistical probability that, given an active

membership of 20, 30 or more, you will find a substance abuser

among them and his identity will probably surprise you.

COMMENTARY: There is some debate as to what degree fire

apparatus drivers are subject to CDL regulations. The different

exemptions, etc. offered by some states only add to this debate.

Bottom line, however, if a police officer orders your driver to be tested

he’d better do it. If he doesn’t, you may argue in court that he wasn’t required by law to do so, but the only thing the jury will hear is that he refused to take the test. (If he had nothing to hide, why refuse?)

(Chief, how is your firefighter qualified to drive a fire engine? Isn’t it

true he had no prior experience driving anything except his auto?)

FOURTH: All drivers or trainees will successfully complete a certified

EVOC class in addition to in-house driver training. Permanent records

will be kept of ALL driver training lessons, refreshers and tests.

COMMENTARY: This practice will provide certification of formal

driver training which becomes even more important if your in-house

driver-trainer does not have a trainer’s certificate. The fifth practice

follows this same line of thought.

FIFTH: Although your state may not require it, all drivers are urged to

obtain a Commercial Drivers License with an air brake endorsement.

FIFTH (cont.): If you have articulated apparatus or tankers, those endorsements are also appropriate. Apparatus should be made available for the drivers’ tests.

(Does your fire department have a safety program, Chief? How do

you monitor the performance of your drivers?)

SIXTH: Establish a safe driving committee for your organization:

To manage your safe driving program

To monitor driver training and suggest improvements

To seek ways to make current driving SOPs safer

To review accidents to improve future driving practices

To consider any complaints against drivers

(Firefighter Smith, witnesses have testified that you were driving your

fire engine at a very high rate of speed just before the accident. How

fast do you say you were going? Were you utilizing your emergency

lights and siren at the time?)

SEVENTH: Install recording speedometers in all apparatus. These units are also capable of recording the dates and times when sirens or emergency lights are being used as well as the speed traveled. A 7-day recorder would only have to have the graph changed once a week.

EIGHTH: Establish a safety award program that recognizes accident-

free drivers annually with some token of appreciation.

Additionally, it is strongly suggested that you contact your insurance

carrier’s loss prevention department. Their safety consultants may

have other practices they would like you to adopt. They may also

have a library of audio-visuals that you can draw upon for safety

training. Maintaining a good working relationship with this department

now will stand you in good stead later should your “loss experience”

turn bad. Make certain they are aware of the details of your driver-

safety program as this may reduce your premiums.

Adopting measures such as these will definitely have a positive effect

on the safety of your emergency driving operations.

You will have tighter supervision of your drivers.

Your drivers will be more safety-minded.

You will know that your drivers are physically fit.

You will know they are not hiding bad driving records.

Members with abuse problems will not apply for driver training.

Recording devices will make your drivers more speed-conscious.

Recorded speed records will support your testimony in litigation.

Your drivers’ qualifications will be certified by training records.

Safe drivers will be recognized for their efforts.

Additionally, you will have a bonus benefit in that you will clearly

demonstrate that your organization is pro-active where safety is